Labor Tribunal
Six years passed since the enactment of the Labor Tribunal Act which provides
legal grounds for labor tribunal proceedings established to achieve prompt,
proper and effective resolution of a civil dispute arising from individual
labor relations.
In a labor tribunal proceeding, one labor tribunal judge who shall be designated from among judges in a district court, and, two labor tribunal members who shall be appointed from among persons having expert knowledge and experience in labor relations, jointly preside at the proceeding attempting to arrange a conciliation.
Except where there are special circumstances, labor tribunal proceedings shall be concluded by the end of the third date for proceedings.
Where conciliation is unsuccessful, a labor tribunal composed of one labor tribunal judge and two labor tribunal members shall render a labor tribunal decision. A party may file a challenge with the court against a labor tribunal decision. When a lawful challenge is filed against a labor tribunal decision, an action on the claim made in the petition for labor tribunal proceedings shall be deemed to have been filed with the district court at the time that the petition for labor tribunal proceedings was filed.
Statistics about the number of petitions for labor tribunal proceedings filed with the court including the number of successful conciliations in 2012 are shown in the following table.
Considering the number of actions on a claim regarding a labor dispute filed with the court (in the table), we could say that labor tribunal proceedings have been established.
Furthermore, as shown in the table below, the number of petitions for labor tribunal proceedings concerning a dispute of a dismissal is larger than that of actions on a claim concerning the same.
These statistics provides some grounds that a labor tribunal proceeding is commonly taken as a dispute resolution proceeding where the legal effectiveness of a dismissal is disputed, even though such kind of dispute is considered to take a long time to resolve.
In a labor tribunal proceeding, one labor tribunal judge who shall be designated from among judges in a district court, and, two labor tribunal members who shall be appointed from among persons having expert knowledge and experience in labor relations, jointly preside at the proceeding attempting to arrange a conciliation.
Except where there are special circumstances, labor tribunal proceedings shall be concluded by the end of the third date for proceedings.
Where conciliation is unsuccessful, a labor tribunal composed of one labor tribunal judge and two labor tribunal members shall render a labor tribunal decision. A party may file a challenge with the court against a labor tribunal decision. When a lawful challenge is filed against a labor tribunal decision, an action on the claim made in the petition for labor tribunal proceedings shall be deemed to have been filed with the district court at the time that the petition for labor tribunal proceedings was filed.
Statistics about the number of petitions for labor tribunal proceedings filed with the court including the number of successful conciliations in 2012 are shown in the following table.
Considering the number of actions on a claim regarding a labor dispute filed with the court (in the table), we could say that labor tribunal proceedings have been established.
Furthermore, as shown in the table below, the number of petitions for labor tribunal proceedings concerning a dispute of a dismissal is larger than that of actions on a claim concerning the same.
These statistics provides some grounds that a labor tribunal proceeding is commonly taken as a dispute resolution proceeding where the legal effectiveness of a dismissal is disputed, even though such kind of dispute is considered to take a long time to resolve.